If something is not technically illegal that does not mean it cannot be bad.

Like I said, there is a part that should be illegal, and then part where that's used to additionally harm one of the ways that OSS can be sustainable. The second part on its own is not illegal but adds to damages and is perfectly okay to condemn.

Open source software can have business models, it's one of the ways it can be sustainable. It can work like, for example, the code is made available (for any purpose) and the core maintainer company provides services, like with Nginx (BSD). Or there is an open-source software, and companies create paid products and services on top while respecting the terms of that software and contributing back, like with Linux (GPL) and SUSE/Red Hat.